Gilad Ben-Nun, The Fourth Geneva Convention for Civilians: The History of International Humanitarian Law (I.B. Tauris 2020), ISBN 9781838604301, 288 pp, GBP 85.00

Author(s):  
Andrew Majeske
2018 ◽  
Vol 100 (907-909) ◽  
pp. 143-163
Author(s):  
Ismaël Raboud ◽  
Matthieu Niederhauser ◽  
Charlotte Mohr

AbstractThe International Committee of the Red Cross (ICRC) Library was first created at the initiative of the ICRC's co-founder and president, Gustave Moynier. By the end of the nineteenth century, it had become a specialized documentation centre with comprehensive collections on the International Red Cross and Red Crescent Movement, international humanitarian law (IHL) and relief to war victims, keeping track of the latest legal debates and technological innovations in the fields related to the ICRC's activities. The publications collected by the Library until the end of the First World War form a rich collection of almost 4,000 documents now known as the ancien fonds, the Library's Heritage Collection.Direct witness to the birth of an international humanitarian movement and of IHL, the Heritage Collection contains the era's most important publications related to the development of humanitarian action for war victims, from the first edition of Henry Dunant's groundbreaking Un souvenir de Solférino to the first mission reports of ICRC delegates and the handwritten minutes of the Diplomatic Conference that led to the adoption of the 1864 Geneva Convention. This article looks at the way this unique collection of documents retraces the history of the ICRC during its first decades of existence and documents its original preoccupations and operations, highlighting the most noteworthy items of the Collection along the way.


2020 ◽  
Vol 2 (38) ◽  
pp. 94
Author(s):  
W. Orehowsky

The article is devoted to the history of the emergence and formation of international humanitarian law («laws and customs of war»). The author notes that decisive steps were taken here in the nineteenth century, as rapid progress in the development of weapons and martial arts led to a sharp increase in the number of casualties. In this regard, much attention is paid to the figure of Swiss businessman and public figure Henri Dunan. It is stated in the article that it was the activity of the latter that became the basis for the adoption of the famous Geneva Convention (1864) «On improving the fate of wounded and sick warriors in the land war».Key words: international humanitarian law, Society of Red Cross, Henri Dunan, Geneva Convention, help to aid to sick and wounded patients, public charities.


1985 ◽  
Vol 25 (249) ◽  
pp. 337-363 ◽  
Author(s):  
Françoise Krill

Since the number of women who actually participated in war was insignificant until the outbreak of World War I, the need for special protection for them was not felt prior to that time. This does not imply however that women had previously lacked any protection. From the birth of international humanitarian law, they had had the same general legal protection as men. If they were wounded, women were protected by the provisions of the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field; if they became prisoners of war, they benefited from the Regulations annexed to the Hague Conventions of 1899 and 1907 on the Laws and Customs of War on Land.


Author(s):  
Yutaka Arai-Takahashi

Abstract The requirement of organization is supposed to be of special importance in international humanitarian law (IHL). In the situation of international armed conflict (IAC), this requirement is implicit as part of the collective conditions to be fulfilled by irregular/independent armed groups to enable their members to claim the prisoners of war status under Article 4 A(2) of the Third Geneva Convention. In a non-international armed conflict (NIAC), the eponymous requirement serves, alongside the requirement of intensity of violence, as the threshold condition for ascertaining the onset of a NIAC. While the requirement of organization has not caused much of disputes in IACs, the international criminal tribunals have shown a willingness to examine scrupulously if armed groups in NIACs are sufficiently organized. Still, this article argues that there is need for a nuanced assessment of the organizational level of an armed group in some specific phases of the ongoing armed conflict whose legal character switches (from an NIAC to an IAC, vice-versa, and from a NIAC to a law-enforcement model). It explores what rationales and argumentative model may be adduced to explain such varying standards for organization in different contexts.


2018 ◽  
Vol 13 (02) ◽  
pp. 109-115 ◽  
Author(s):  
Frederick M. Burkle ◽  
Adam L. Kushner ◽  
Christos Giannou ◽  
Mary A. Paterson ◽  
Sherry M. Wren ◽  
...  

AbstractSince 1945, the reason for humanitarian crises and the way in which the world responds to them has dramatically changed every 10 to 15 years or less. Planning, response, and recovery for these tragic events have often been ad hoc, inconsistent, and insufficient, largely because of the complexity of global humanitarian demands and their corresponding response system capabilities. This historical perspective chronicles the transformation of war and armed conflicts from the Cold War to today, emphasizing the impact these events have had on humanitarian professionals and their struggle to adapt to increasing humanitarian, operational, and political challenges. An unprecedented independent United Nations–World Health Organization decision in the Battle for Mosul in Iraq to deploy to combat zones emergency medical teams unprepared in the skills of decades-tested war and armed conflict preparation and response afforded to health care providers and dictated by International Humanitarian Law and Geneva Convention protections has abruptly challenged future decision-making and deployments. (Disaster Med Public Health Preparedness. 2019;13:109–115)


2021 ◽  
Vol 74 (1) ◽  
pp. 20-26
Author(s):  
Oleksandra Severinova ◽  

The article analyzes the theoretical and methodological aspects of the formation and development of doctrinal ideas about the meaning of the concept of «armed conflict» in the history of world political and legal thought. The question of the name of the branch of law that regulates armed conflict, by analyzing its historical names such as «law of war», «laws and customs of war», «law of armed conflict», «international humanitarian law» and «international humanitarian law, used in armed conflicts». As a result of this analysis, it can be concluded that it would be most appropriate to use the terms «international humanitarian law» only in a narrow sense or «international humanitarian law applicable in armed conflicts», which is more cumbersome but most accurately describes the field. It is emphasized that due to the availability of new powerful weapons (economic, political, informational, cultural and weapons of mass destruction), which are dangerous both for the aggressor and for the whole world; the aggressor's desire to downplay its role in resolving conflicts in order to avoid sanctions from other countries and international organizations, as well as to prevent the loss of its authority and position on the world stage; the attempts of the aggressor countries to establish their control over the objects of aggression (including integrating them into their political, economic and security systems) without excessive damage to them is the transformation of methods and means of warfare. It is determined that the long history of the formation of the law of armed conflict has led to the adoption at the level of international law of the provision prohibiting any armed aggression in the world, which is reflected in such a principle as non-use of force or threat of force. At the same time, the UN Charter became the first international act in the history of mankind, which completely prohibited armed aggression and enshrined this principle at the international level, which is binding on all states of the modern world.


This book explores the history of health care in postcolonial state-making and the fragmentation of the health system in Syria during the conflict. It analyzes the role of international humanitarian law (IHL) in enabling attacks on health facilities and distinguishes the differences between humanitarian solutions and refugee populations’ expectations. It also describes the way in which humanitarian actors have fed the war economy. The book highlights the lived experience of siege in all its layers. It examines how humanitarian actors have become part of the information wars that have raged throughout the past ten years and how they have chosen to position themselves in the face of grave violations of IHL.


1977 ◽  
Vol 17 (190) ◽  
pp. 3-14
Author(s):  
Vassili Potapov

A line of demarcation between regular and irregular combatants was drawn up in 1907 by Articles 1, 2 and 3 of the Hague Regulations, provisions of which have been supplemented by Article 4 of Geneva Convention III of 1949, Articles 13 and 14 of Geneva Convention I of 1949, and Articles 12 and 16 of Geneva Convention II of 1949. Together, these provisions constituted the law on this subject.


2016 ◽  
Vol 10 (5) ◽  
pp. 701-703 ◽  
Author(s):  
Alba Ripoll Gallardo ◽  
Frederick M. Burkle ◽  
Luca Ragazzoni ◽  
Francesco Della Corte

AbstractThe current humanitarian crisis in Yemen is unprecedented in many ways. The Yemeni War tragedy is symptomatic of gross failures to recognize, by combatants, existing humanitarian law and the Geneva Convention that have become the new norm in unconventional armed conflicts and are increasingly replicated in Africa, Afghanistan, and other areas of the Middle East with dire consequences on aid workers and the noncombatant population. The health and humanitarian professions must take collective responsibility in calling for all belligerent parties to cease the massacre and commit to guaranteed medical assistance, humanitarian aid, and the free flow of information and respect for the humanitarian principles that protect the neutrality and impartiality of the humanitarian workforce. (Disaster Med Public Health Preparedness. 2016;page 1 of 3)


2005 ◽  
Vol 87 (859) ◽  
pp. 525-552 ◽  
Author(s):  
David P. Fidler

AbstractAt the intersection of new weapon technologies and international humanitarian law, so-called “non-lethal” weapons have become an area of particular interest. This article analyses the relationship between “non-lethal” weapons and international law in the early 21st century by focusing on the most seminal incident to date in the short history of the “non-lethal” weapons debate, the use of an incapacitating chemical to end a terrorist attack on a Moscow theatre in October 2002. This tragic incident has shown that rapid technological change will continue to stress international law on the development and use of weaponry but in ways more politically charged, legally complicated and ethically challenging than the application of international humanitarian law in the past.


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